Terms of Service

Please carefully review these terms of use before using the Respectance website (the "Website"). Use of the Website by you is governed by these terms of use and, by accessing or using the Website, a service of Respectance, ("Respectance"), you acknowledge that you have read, understood and accept these terms of use. If for any reason you do not agree to be bound by these terms of use, please leave the Website immediately.

Users under Age 13
The Website is not intended for use by individuals under 13 years of age. If you are under 13 years of age, you may not use the Website.

Intellectual Property
The Website as a whole, as well as all elements contained on or comprising the Website (other than as described in the section below entitled User Information) including, without limitation, the text, Website design, logos, graphics, icons, images, illustrations, photographs, digital material, video clips, audio signals, and music files, as well as the selection, assembly, arrangement, and "look and feel" thereof are the sole property of Respectance or its licensors, and are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. All software used in the Website is the property of Respectance or its licensors, and such software is also protected by U.S. and international copyright laws.

Respectance grants you a limited, nonexclusive, nontransferable license to access and use the Website and the contents for purposes of general browsing, setting up personalized webpages, sponsoring an account, posting, editing and deleting information, uploading, editing and deleting photographs, image files and video files, uploading and downloading music files, creating slideshows, and/or conducting business with Respectance or third-party vendors. In addition, permission is granted to electronically display and electronically copy and print hard copy portions of the Website for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of the Website is strictly prohibited.

The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Website are owned by Respectance or third parties who have authorized their use. Without limiting the foregoing, the Respectance wordmark, the lily device, and "Respectance Share Your Memories" are trademarks of Respectance.

Limitations on Use
You agree not to use the Website or any products or services available on the Website for any purpose that is unlawful or prohibited by these terms of use.

You further agree not to submit any information or other materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You may not attempt to gain unauthorized access to the Website or any products or services available on the Website, other accounts, computer systems or networks connected to the Website through hacking, password mining, the impersonation of others, the unauthorized use of another's user name, password or other information, or any other means. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy pages of the Website or the content contained herein without Respectance's express prior written permission.

User Information
You agree that you are the sole owner and creator (or otherwise possess all rights necessary to make the grant of rights described herein) of the text, photographs, pictures, likenesses, digital materials, image files, video files, music, audio clips, and any other information or materials of whatever nature submitted or posted by you on the Website (the "User Information").

You represent and warrant that the User Information (together with all identifying information you submit to the Website regarding yourself or others, including, without limitation, your or their name, email address and other contact information) is true, accurate and complete in all respects. The User Information, and the publication or other use of the User Information by Respectance on the Website or as described in the next paragraph,

does not and will not infringe any intellectual property, privacy, or publicity rights of a third party;
is not and will not be obscene, vulgar, profane, defamatory, threatening, harmful, harassing, abusive, hateful, or embarrassing to a third party;
does not and will not violate any law;
does not and will not constitute or contain false or misleading indications of origin or statements of fact; and
does not and will not constitute advertising or solicitation of business.
You grant to Respectance a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, reproduce, display, license, sublicense, distribute, transmit, edit, and modify the User Information on the homepage of the Website and in any advertising, marketing, or promotions by or on behalf of Respectance of the Website or the services provided by or made available through the Website, including in any print media, television, motion pictures, the Internet, and in any other media now known or that may be developed in the future (collectively, "Media"). The license granted in the above sentence survives your death or incapacity.

You acknowledge that the User Information may be used by Respectance in whole or in part, provided the general sense of the User Information is not changed. However, you understand that Respectance is not obligated to use the User Information in any Media.

You waive any inspection or approval of the finished Media. You waive any claim against Respectance for any alleged or actual infringements of any proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution, and any claim of alteration (including, without limitation, optical illusion or faulty mechanical reproduction), in connection with any User Information. Notwithstanding the foregoing, you understand that personally identifiably information shall be collected, used and maintained in accordance with the provisions of Respectance's privacy policy.

If you are not the owner of the Website account, you acknowledge that the owner of the Website account may delete, for any or no reason, User Information (or any portion thereof) submitted or posted to that account by you or by anyone else.

Disclaimer of Warranty
THE WEBSITE, ITS CONTENTS AND THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE BY LAW, Respectance EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE BY LAW, IN NO EVENT SHALL Respectance, ITS SUBSIDIARIES, AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES) EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE, ITS CONTENTS, INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE, AND/OR ANY PRODUCTS OR SERVICES AVAILABLE AT THE WEBSITE.

Indemnity
You agree to indemnify, defend, and hold harmless Respectance, its subsidiaries, and its affiliates, and their respective officers, directors, employees, agents, shareholders, representatives, suppliers, and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from

any violation of these terms of use, your use of the Website, User Information and any other communications you submit to us, or any activity related to your account with Respectance (including negligent or wrongful conduct) by you or any other person accessing the Website using your account, Respectance Website user name or account password. Third Party Links and Frames

Respectance may provide links to websites operated by third parties. Respectance makes no representations whatsoever about any third party websites that you may access through the Website. Respectance is not responsible for the privacy practices, content or operation of such websites. Respectance prohibits the framing of any materials available through the Website. Respectance reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to the Website. You may not use the Website or any services available at the Website on or in connection with any other website.

Communications with Respectance
Subject to our privacy policy, we may ask you to provide personally identifiable information in a few areas on the Website.

Respectance may send email and other communications to you for the purpose of advising you of changes or additions to the Website, about any of our products or services, or about any other matters in the sole discretion of Respectance. Such communications are subject to the terms of our privacy policy. If you do not want to receive email or other communications from us, simply indicate such at the time of registering, or by using the "unsubscribe" feature on any email received from Respectance.

Privacy Policy
Please review Respectance's privacy policy for information on Respectance's privacy practices with respect to the Website.

Applicable Law; Miscellaneous Legal Matters
The Website is controlled and operated by Respectance from its offices in Amsterdam, The Netherlands. Use of the Website shall be governed by the laws of The Netherlands without regard to its choice of law principles. All legal proceedings or disputes arising out of these terms of use or your use of the Website shall be resolved exclusively in courts located in The Netherlands and you agree to submit to the personal jurisdiction of those courts. Any cause of action or claim you may have with respect to the Website (including, without limitation, your purchase of products offered for sale by Respectance on the Website) must be commenced within one (1) year after the cause of action or claim arises.

These terms of use are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by Respectance in exercising any right hereunder shall operate as a waiver of the right, and any written waiver in a given instance shall not be deemed to be a continuing waiver of any right. All waivers by Respectance must be embodied in a written document signed by Respectance.

Changes to the Website; Termination
Respectance reserves the right to change or discontinue, temporarily or permanently, the Website, and those products and services available at the Website, including but not limited to revising or deleting features or other information without prior notice to you. You agree that Respectance shall not be liable to you for any modification, suspension, discontinuance or deletion of the Website, any elements comprising the Website or any products or services available on the Website. Respectance reserves the right, at its sole discretion, immediately and without notice to you, to limit, restrict, suspend or terminate your account and/or your ability to access the Website (or any portion thereof) and the products and services available on the Website, for any or no reason.

Notices of claimed infringement
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide the following information in writing to Respectance's Copyright Agent named below:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Respectance's Copyright Agent for notice of claims of copyright infringement can be reached by email at contact us sent, in each instance, to the attention of Copyright Agent.

About Terms of Use
Respectance reserves the right to change, alter or modify these terms of use for any or no reason at any time. When Respectance does so, changes in these terms of use will be posted on the Website and will be effective immediately and binding on you from the date of posting. If you visit regularly, please check these terms of use on a regular basis.

Questions
If you have any questions about these terms of use, please contact us.
If you would like to delete a tribute or your account, please contact us.